Legal Question in Criminal Law in India

My father is having a Almirah manufacturing shop in Rishikesh,dist.Dehradun,Uttrakhand,

On 6 Dec 10 when my father was not in the city some college guys with SDM and police came to our shop with some containers milk like thing

and beated our shop labours and made them to run from the site and then sealed our shop. When my dad came back to the city next day i.e. 7 Dec-10 he

found that the shop one door is opened and one door is closed, he found that 2.5 lacs of stock has been stolen from our shop,

then he was told that our shop has been sealed for selling adulterated milk.

On 7 th evening we got calls from local college president giving my dad threats to kill him.My dad went to the police station

to lodge FIR but police refuse to lodge it,he also went to the SDM but he bisbeved with him and said to sign on the milk samples taken but

my dad refused to do so as they were not ours. Then he sent the his FIR application to police by registered post and also appealed in the High Court of Nanital.

In the mean while we were getting continous life threats from different sources.We got order from the high court of Uttrakhand Nainital for opening the shop.

When on 3-Jan-11 my dad went to the SDM of Rishikesh to show him High Court orders and say him to open our shop he called the police there and arrested my dad

against the complaint lodged by the local Degree college president under section 272,273,506 IPC, this FIR was of 11-Dec-10.

I with loads of efforts managed to free my dad on bail from the session court.

we have asked in RTI that who has sealed our shop and no reports of that milk has yet came and there are no sign of any one on that sample then

on wt grounds can my dad be arrested.Now food inspector is saying the food inspector is saying that he has not sealed the shop, police has sealed the shop

for security reasons as no owner oof the shop was present there at the time of sampling,police is saying that he they were ordered to seal the shop by SDM,

SDM is sayiing that food inspector has sealed the shop.

Our shop is sealed from appx 45 days and we have faced and are facing heavy financial and social loses. So what should we do now SDM

and college guys are having good relations with our old rivals and did all this in rivalery now SDM is also saying that he will put more cases on my dad.

We have appeal in the high court again against SDM for contempt of court.

I want to know what else shall we do to open our shop, who is responsible for all the losses we have faced and can we file defamtion suit for the

same and against whom shall we file this.

Important points:-

1 - Sample taken on 6-Dec-10 and FIR lodged on 11-Dec-10.

2 - No sample reports has yet came how IPC section 272,273 can be applied there.

3 - There are no signature of anyone on the milk sample.

4 - There is no proof that milk was being sold there so how IPC section 272,273 can be applied there.

5 - Food inspector has not bought the milk from anyone.

6 - Arresting was done on 3-jan-11 in SDM oofice when my dad show high court order to open shop.

7 - Case of previous rivalery.

Thanks and Regards,

Ankit Singhal

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